Case Note & Summary
The petitioner, Smt. Sharda Purushottam Chore, filed a writ petition seeking admission to the Post Graduate Nursing Course at the Institute of Nursing Education, Mumbai, for the academic year 2009-10. Her candidature was rejected by respondent no.2, the Director of Medical Education & Research, on the ground that she did not possess the required five years of experience in Government service after passing Basic B.Sc. Nursing. The petitioner contended that this requirement was illegal as it was contrary to the Regulations framed under the Indian Nursing Council Act, 1947, which prescribe only a minimum of one year of work experience after Basic B.Sc. Nursing and one year before or after Post Basic B.Sc. Nursing. The Court examined Section 16(g) and (h) of the Indian Nursing Council Act, 1947, which empower the Council to prescribe standard curricula and conditions for admission to training courses. The Court found that the Regulations framed under these provisions have statutory force and that the five-year requirement imposed by respondent no.2 was in variance with the Regulations. Consequently, the Court set aside the five-year experience requirement as illegal. The Court also noted that the petitioner had crossed the age limit of 50 years only because of the time elapsed due to the illegal rejection of her candidature. Therefore, the Court directed that the petitioner's case be considered for admission without applying the age limit. The petitioner was directed to make a fresh application for admission, which would be considered on its own merits. The Court allowed the petition with the above directions.
Headnote
A) Education Law - Admission to Post Graduate Nursing Course - Statutory Regulations vs. Executive Instructions - The requirement of five years' experience imposed by respondent no.2 was held illegal as it conflicted with the Indian Nursing Council Regulations which prescribe only one year of work experience - The Court set aside the five-year requirement and directed consideration of the petitioner's application without the age limit since she crossed the age due to illegal rejection (Paras 3-6).
Issue of Consideration
Whether the requirement of five years' experience in Government service imposed by the Director of Medical Education & Research for admission to Post Graduate Nursing Course is valid, being contrary to the Regulations framed under the Indian Nursing Council Act, 1947.
Final Decision
The Court set aside the requirement of five years' experience imposed by respondent no.2 as illegal. The petitioner was directed to make a fresh application for admission, which shall be considered on its own merit without applying the age limit, as the petitioner crossed the age of 50 due to the illegal rejection.
Law Points
- Statutory regulations prevail over executive instructions
- Indian Nursing Council Act 1947 Section 16(g) and (h) empower Council to prescribe admission conditions
- requirement of five years experience set aside as illegal
